[Federal Register Volume 70, Number 100 (Wednesday, May 25, 2005)]
[Rules and Regulations]
[Pages 29920-29927]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-10467]


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DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

7 CFR Part 1439

RIN 0560-AH26


American Indian Livestock Feed Program; Livestock Assistance 
Program

AGENCY: Commodity Credit Corporation, USDA.

ACTION: Final rule.

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SUMMARY: This regulation sets forth the terms and conditions of the 
2003/2004 American Indian Livestock Feed Program (AILFP). Assistance 
will be available to eligible livestock producers for livestock feed 
crop years 2003 or 2004 whose eligible livestock occupied tribal-
governed land at the time of a natural disaster in an area where a 
significant loss of livestock feed has occurred, creating a livestock 
feed emergency, as determined by the Commodity Credit Corporation 
(CCC). Eligible producers can receive benefits for livestock feed crop 
year 2003, or 2004, but not both. Eligible tribal-governed land must be 
located in a primary county or counties that have received an emergency 
declaration by the President or emergency designation by the Secretary 
of Agriculture on or after January 1, 2003, for losses occurring in 
calendar year 2003, or calendar year 2004. Although the Presidential 
declarations and Secretarial designations were issued for natural 
disasters in those calendar years, tribal governments may request an 
initial 90-day feeding period and up to three 90-day extensions that 
extend from the beginning of a livestock feed crop year, to the end of 
that same livestock feed crop year. Further, livestock owners who sold 
eligible livestock as a direct result of natural disaster shall report 
those livestock as owned through the end of the production year 
(livestock feed crop year) in order to mitigate the livestock owner's 
losses. This rule is intended to implement legislation and assist 
affected producers in overcoming the effects of drought. In addition, 
this rule provides technical revisions for the Livestock Assistance 
Program regulations.

DATES: Effective May 24, 2005.

FOR FURTHER INFORMATION CONTACT: Deborah O'Donoghue, Program 
Specialist, Noninsured Assistance Programs Branch (NAPB), Production, 
Emergencies, and Compliance Division (PECD), Farm Service Agency (FSA), 
United States Department of

[[Page 29921]]

Agriculture, STOP 0517, 1400 Independence Avenue, SW., Washington, DC 
20250-0517; telephone (202) 720-5172; e-mail: 
Debbie.O'[email protected]. Persons with disabilities who require 
alternative means for communication (Braille, large print, audio tape, 
etc.) should contact the USDA Target Center at (202) 720-2600 (voice 
and TDD).

SUPPLEMENTARY INFORMATION:

Background

    Section 813 of the Agricultural Act of 1970, 7 U.S.C. 1427a, gave 
the Secretary of Agriculture some authority to provide assistance 
resulting from disasters. In 1998, remaining funds under that authority 
were used to fund the AILFP. Further, AILFP funding was provided for in 
section 806 of Public Law 106-387, which was appropriations legislation 
enacted in October of 2000. Section 101(b) of Division B of the 
Military Construction Appropriations and Emergency Hurricane 
Supplemental Appropriations Act, 2005, Public Law 108-324, enacted in 
October of 2004 (``2004 Act''), provides for livestock assistance 
generally for producer losses in 2003 or 2004 (as elected by the 
producer). That assistance, generally, will be administered under the 
2003-2004 Livestock Assistance Program (LAP). The 2003-2004 LAP 
provisions will be administered under rules separate from the AILFP 
regulations promulgated in this notice.
    Regarding AILFP, section 101(b) permits the Secretary of 
Agriculture to use the LAP funds to make assistance available under 
AILFP, in an amount determined by the Secretary. The AILFP provision is 
understood to be part of an overall package of livestock assistance. 
Accordingly, the AILFP rules adopted here follow the same basic 
statutory conditions for LAP as provided in the 2004 Act. Accordingly, 
relief is for 2003 losses or 2004 losses, but not both, as the eligible 
producer elects. The same year must be chosen for all of the 
participant's farms. Similarly, if the participant participates in both 
the LAP and AILFP, the same year must be chosen for both programs. 
Further, LAP, under 101(b) of the 2004 Act, is confined to counties 
that received an emergency designation after January 1, 2003. This 
limitation is included in these rules. Other clarifying changes have 
been made to previous AILFP rules. However, the new rules generally 
follow the old rules. That adherence comports with the new statute's 
provisions in 101(b) that assistance be made available in the same 
manner as that administered under Section 806 of Public Law 106-387. 
For calculating benefit eligibilities a formula change was made to 
clarify and simplify the regulations in a manner that follows the LAP 
calculation. That change should not materially affect claims. Also, 
appropriations language in Public Law 108-447 provided that livestock 
administered in this fiscal year cover bison, elk, and reindeer, and 
this rule contains that provision. Further, the Secretary operated a 
program under Section 32 of the Act of August 24, 1935, with respect to 
2004 hurricane losses. Section 101(c) of Division B of the 2004 Act 
provides that persons who received payments under that program are not 
eligible for payments under Section 101. That provision, too, is 
reflected in this rule.
    In addition, this rule makes two technical changes to the 2003-2004 
Livestock Assistance Program regulations at 7 CFR part 1439, subpart B. 
The first change is to remove an extra decimal place in a payment 
program formula. The second change removes a provision for payment of 
interest on delayed payments by CCC in order to conform with previous 
practice with respect to LAP.

Benefit-Cost Analysis

    The AILFP began on November 27, 1998, for livestock feed losses 
suffered for the 1997 and subsequent crop-years due to unfavorable 
weather conditions. It provided $12.5 million from the sale of grain 
previously held in the Disaster Reserve. AILFP replaced the Indian 
Acute Distress Donation Program which was suspended in 1996. AILFP 
differed from previous livestock feeding programs because it made 
direct cash payments instead of grain donations. AILFP funding of $11.9 
million was provided through an appropriation in section 806 of the 
Agriculture, Rural Development, Food and Drug Administration and 
Related Agencies Appropriations Act, 2001 (Pub. L. 106-387, Oct. 28, 
2000) (the 2001 Act) for FY 2001.
    The 2005 Act appropriates no funds, but empowers the Secretary of 
Agriculture to use such sums as are necessary in the fiscal year ending 
September 30, 2005. FSA and CCC estimate that approximately $33 million 
in actual outlays will be made for the 2003/2004 AILFP, with some 
variation possible depending on the severity, extent, intensity, and 
duration of the drought conditions in counties where Indian 
reservations are located.

Notice and Comment

    Section 101(g) of Division B of the 2004 Act requires that these 
regulations be promulgated without regard to the notice and comment 
provisions of 5 U.S.C. 553 or the Statement of Policy of the Secretary 
of Agriculture effective July 24, 1971 (36 FR 13804), relating to 
notice and comment rulemaking and public participation in rulemaking. 
These regulations are accordingly issued as final.

Executive Order 12866

    This final rule has been determined to be significant under 
Executive Order 12866 and has been reviewed by the Office of Management 
and Budget (OMB).

Federal Assistance Programs

    The title and number of the Federal assistance program, as found in 
the Catalog of Federal Domestic Assistance, to which this final rule 
applies are: 10.066, Livestock Assistance Program.

Regulatory Flexibility Act

    The Regulatory Flexibility Act is not applicable to this rule 
because neither the Secretary of Agriculture nor CCC are required by 5 
U.S.C. 553 or any other law to publish a notice of proposed rulemaking 
for the subject matter of this rule.

Environmental Review

    The environmental impacts of this rule have been considered 
consistent with the National Environmental Policy Act of 1969 (NEPA), 
42 U.S.C. 4321 et seq., the regulations of the Council on Environmental 
Quality (40 CFR parts 1500 1508), and regulations of the Farm Service 
Agency (FSA) of the Department of Agriculture (USDA) for compliance 
with NEPA, 7 CFR part 799. An Environmental Evaluation was completed 
and it was determined that the proposed action does not have the 
potential to significantly impact the quality of the human environment 
and, therefore, the rule is categorically excluded from further review 
under NEPA. A copy of the environmental evaluation is available for 
inspection and review upon request.

Executive Order 12778

    The final rule has been reviewed in accordance with Executive Order 
12778. This final rule preempts State laws that are inconsistent with 
its provisions, but the rule is not retroactive. Before any judicial 
action may be brought concerning this rule, all administrative remedies 
must be exhausted.

Executive Order 12372

    This program is not subject to Executive Order 12372, which 
requires intergovernmental consultation with

[[Page 29922]]

State and local officials. See the notice related to 7 CFR part 3015, 
subpart V, published at 48 FR 29115 (June 24, 1983).

Unfunded Mandates

    Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) does 
not apply to this rule because neither the Secretary of Agriculture nor 
CCC are required by 5 U.S.C. 553 or any other law to publish a notice 
of proposed rulemaking for the subject matter of this rule. Also, the 
rule imposes no mandates as defined in UMRA.

Small Business Regulatory Enforcement Fairness Act of 1996

    Section 101(g) of Division B of the 2004 Act requires that the 
Secretary use the authority in section 808 of the Small Business 
Regulatory Enforcement Fairness Act of 1996 (Pub. L. 104-121) 
(``SBREFA''), which allows an agency to forgo SBREFA's usual 60-day 
Congressional Review delay of the effective date of a major regulation 
if the agency finds that there is a good cause to do so. Accordingly, 
this rule is effective upon the date of filing for public inspection by 
the Office of the Federal Register.

Paperwork Reduction Act

    Section 101(g) of Division B of the 2004 Act requires that these 
regulations be promulgated and the activities under this rule be 
administered without regard to the Paperwork Reduction Act. This means 
that the information to be collected from the public to implement these 
provisions and the burden, in time and money, the collection of the 
information would have on the public does not have to be approved by 
the Office of Management and Budget or be subject to the normal 
requirement for a 60 day public comment period.

Government Paperwork Elimination Act

    CCC is committed to compliance with the Government Paperwork 
Elimination Act (GPEA) and the Freedom to E-File Act, which require 
Government agencies in general, and the FSA in particular, to provide 
the public the option of submitting information or transacting business 
electronically to the maximum extent possible. The forms and other 
information collection activities required to be utilized by a person 
subject to this rule are implemented in a way that would allow the 
public to conduct business with CCC electronically. Accordingly, at 
this time, forms required to be submitted under this rule may be 
submitted to CCC by mail, fax, or electronically.

Executive Order 12612

    This rule has no Federalism implications warranting a Federalism 
Assessment. This rule will not affect States, or their political 
subdivisions, or the distribution of power and responsibilities among 
levels of government.

List of Subjects in 7 CFR 1439

    Agricultural commodities, Disaster assistance, Indian tribes, 
Livestock, Livestock feed.

0
Accordingly, 7 CFR part 1439 is amended as set forth below:

PART 1439--EMERGENCY LIVESTOCK ASSISTANCE

0
1. The statutory authority continues to read as follows:

    Authority: 7 U.S.C. 1427a; 15 U.S.C. 714 et seq.; Sec. 1103, 
Pub. L. 105-277, 112 Stat. 2681-42-44; Pub. L. 106-31, 113 Stat. 57; 
Pub. L. 106-78, 113 Stat. 1135; Pub. L. 106-113, 113 Stat. 1501; 
Sec. 257, Pub. L. 106-224, 114 Stat. 358; Sec's. 802, 806, & 813 
Pub. L. 106-387, 114 Stat. 1549; Pub. L. 108-7, 117 Stat. 11; Sec. 
101 of Division B, Pub. L. 108-324, 118 Stat. 1220; Sec. 785 of 
Division A, Pub. L. 108-447, 118 Stat. 2809.

Subpart B--2003-2004 Livestock Assistance Program


Sec.  1439.107  [Amended]

0
2. In Sec.  1439.107(c)(2), revise the figure ``$0.54108797'' to read 
``$0.5410879''.


Sec.  1439.112  [Amended]

0
3. In Sec.  1439.112, remove paragraph (e) and redesignate paragraphs 
(f) through (k) as paragraphs (e) through (j), respectively.

0
4. Add Subpart I, to read as follows
Subpart I--American Indian Livestock Feed Program
Sec.
1439.900 [Reserved]
1439.901 Applicability.
1439.902 Administration.
1439.903 Definitions.
1439.904 Region.
1439.905 Responsibilities.
1439.906 Program availability.
1439.907 Eligibility.
1439.908 Payment application.
1439.909 Payments.
1439.910 Program suspension and termination.
1439.911 Appeals.
1439.912 Estates, trusts, and minors.
1439.913 Death, incompetence, and disappearance.
1439.914 Violations.

Subpart I--American Indian Livestock Feed Program


Sec.  1439.900  [Reserved]


Sec.  1439.901  Applicability.

    This subpart sets forth, subject to the availability of funds, the 
terms and conditions of a government-to-government program titled the 
American Indian Livestock Feed Program (AILFP). Assistance will be 
available in those regions that Commodity Credit Corporation (CCC) 
determines have been affected by natural disaster and are located in a 
primary county or counties that have received a Presidential 
declaration or Secretarial emergency designation issued on or after 
January 1, 2003, for eligible losses in 2003 or 2004. Eligible 
producers may receive benefits for 2003 losses, or 2004 losses, but not 
both. Eligible areas will only include those where a determination is 
made by the Deputy Administrator for Farm Programs, Farm Service Agency 
(FSA) (Deputy Administrator) that a livestock feed emergency exists on 
tribal-governed land. Contiguous counties that were not designated as a 
primary disaster county in their own right will not be eligible for 
participation for 2003 or 2004 losses under this subpart. Payments may 
become available as contracts with tribal governments are approved. 
Unless otherwise specified or determined by the Deputy Administrator, a 
livestock producer is not eligible to receive payments for the same 
loss under both this subpart and another Federal program. Payments will 
terminate when the specified deadline has been reached, when a tribal 
government requests termination, or when there is a program violation 
or a violation of a contract related to the program irrespective of 
whether the violation involves the current operation of the program for 
other periods of time.


Sec.  1439.902  Administration.

    (a) This subpart will be administered by CCC under the general 
supervision of the Deputy Administrator for Farm Programs. This program 
shall be carried out in the field as prescribed in these regulations 
and as directed in the contract executed between the applicable tribal 
government and CCC, except that in the event any contract provision 
conflicts with these regulations, the regulations shall apply.
    (b) Tribal governments, their representatives, and employees do not 
have authority to modify or waive any provisions of the regulations of 
this subpart.

[[Page 29923]]

    (c) State and county committees, and representatives and employees 
thereof, do not have the authority to modify or waive any provisions of 
regulations of this subpart.
    (d) The Deputy Administrator may authorize State and county 
committees to waive or modify deadlines and other program requirements 
in cases where the applicant or tribe, as applicable, shows that 
circumstances beyond the applicant's or tribe's control precluded 
compliance with the deadline and where lateness or failure to meet such 
other requirements does not adversely affect the operation of the 
program.
    (e) The tribal government will, in accordance with this part and in 
coordination with the U.S. Department of the Interior, Bureau of Indian 
Affairs (BIA), and FSA State and county committees, recommend the 
geographical size and shape of the region which will be considered to 
be eligible to be considered the region where the natural disaster has 
occurred and where all eligibility conditions are met. Such region must 
consist solely of tribal-governed land and be located in a primary 
county or counties named in a Presidential declaration or Secretarial 
emergency designation. Regional eligibilities will be effective only 
upon the Deputy Administrator's approval in writing and continued 
approval thereafter.
    (f) The Deputy Administrator will determine all prices with respect 
to implementing the AILFP.
    (g) Subject to review by the Deputy Administrator, the FSA State 
committee will determine crop yields and livestock carrying capacity 
with respect to implementing the AILFP.
    (h) Participation in the AILFP by a tribal government for either 
the tribal government's benefits or for the benefit of any eligible 
owner is voluntary and is with the understanding that CCC will not 
reimburse the tribal government or its members for any administrative 
costs associated with the administration or implementation of the 
program.
    (i) Except as otherwise declared by the Deputy Administrator, 
Subpart A shall not apply to this subpart, except Sec. Sec.  1439.3 
through 1439.10, and 1439.12.
    (j) No delegation herein to a State or county committee or a 
commodity office shall preclude the Executive Vice President, CCC, or a 
designee, from determining any question arising under this part or from 
reversing or modifying any determination made by a State or county 
committee or employee of the Department of Agriculture.


Sec.  1439.903  Definitions.

    The definitions set forth in this section shall be applicable to 
the program authorized by this subpart. The terms defined in Sec.  
1439.3 shall also be applicable except where those definitions conflict 
with the definitions set forth in this subpart. The following terms 
shall have the following meanings:
    Approving official means a representative of the tribal government 
who is authorized to approve an application for assistance made in 
accordance with this subpart.
    Carrying capacity means the stocking rate expressed as acres per 
animal unit that is consistent with maintaining or improving vegetation 
or related resources.
    Dependent Indian community means a limited category of Indian lands 
that are neither reservations nor allotments and is:
    (1) Land set aside by the Federal Government for the use of Indians 
as Indian land, and
    (2) Under Federal superintendence.
    Disaster period means the length of time that damaging weather, 
adverse natural occurrence, or related condition had a detrimental 
affect on the production of livestock feed.
    Eligible feed for assistance means any type of feed (feed grain, 
oilseed meal, premix, or mixed or processed feed, liquid or dry 
supplemental feed, roughage, pasture, or forage) that provides net 
energy requirements, is consistent with acceptable feeding practices, 
and was not produced by the owner.
    Eligible livestock means beef and dairy cattle; buffalo and beefalo 
maintained on the same basis as beef cattle; equine animals used for 
food or used directly in the production of food; sheep; goats; swine; 
elk; and reindeer.
    Eligible owner means an individual or entity, including a tribe, 
eligible to participate in this program, who:
    (1) Contributes to the production of eligible livestock or their 
products;
    (2) Has such contributions at risk;
    (3) Meets the criteria set forth in Sec.  1439.907, and elsewhere 
in this part; and
    (4) Meets eligibility criteria set forth by the tribal government 
in an approved contract.
    Livestock feed crop year means a period of time beginning on the 
date grazing first becomes available in each county, as established by 
each State Committee, and ending one year later.
    Livestock feed emergency means a situation in which a natural 
disaster causes more than a 35-percent reduction in the feed produced 
in a region, determined in accordance with Sec.  1439.904 for a defined 
period, as determined by CCC. Any loss of feed production attributable 
to overgrazing or other factors not considered to be a natural disaster 
as specified in this subpart shall not be included in the loss used to 
determine if a livestock feed emergency occurred.
    Natural disaster means damaging weather, including but not limited 
to: drought, hail, excessive moisture, freeze, tornado, hurricane, 
excessive wind, or any combination thereof; or an adverse natural 
occurrence such as earthquake, flood, or volcanic eruption; or a 
related condition, including but not limited to heat, or insect 
infestation, that occurs as a result of aforementioned damaging weather 
or adverse natural occurrence prior to or during the crop year that 
directly causes, accelerates, or exacerbates the reduction of livestock 
feed production.
    Region means a geographic area suffering a livestock feed emergency 
because of natural disaster as determined by a tribal government in 
accordance with Sec.  1439.904.
    Tribal governed land means:
    (1) All land within the limits of any Indian reservation;
    (2) Dependent Indian communities;
    (3) Any lands title to which is either held in trust by the United 
States for the benefit of an Indian tribe or Indian, or held by an 
Indian tribe or Indian subject to a restriction by the United States on 
alienation; and
    (4) Land held by an Alaska Native, Alaska Native Village, or 
village or regional corporation under the provisions of the Alaska 
Native Claim Settlement Act, or other Act relating to Alaska Natives.
    Tribe means an Indian or Alaska Native tribe, band, nation, pueblo, 
village, or community that the Secretary of the Interior acknowledges 
to exist as an Indian tribe pursuant to the Federally Recognized Indian 
Tribe List Act of 1994 (25 U.S.C. 479a).
    Type and weight range means the weight range by type of livestock; 
provided further that for purposes of calculations of payment 
eligibility under this subpart, as provided for in this subpart, such 
livestock shall be considered to have the following daily feed need 
expressed in pounds of corn per head per day:

[[Page 29924]]



------------------------------------------------------------------------
                                                         Pounds of corn
             Category                  Weight range      per head,  per
                                                               day
------------------------------------------------------------------------
Type--Beef Cattle (Buffalo/
 Beefalo):
    Beef.........................  Under 400..........               3.5
    Beef.........................  400-799............               6.5
    Beef.........................  800-1099...........               8.5
    Beef.........................  1100+..............              12.5
    Beef, Cow....................  All................              15.7
    Beef, Bull...................  1000+..............              13.0
Type--Dairy Cattle:
    Dairy........................  Under 400..........               3.5
    Dairy........................  400-799............               6.5
    Dairy........................  800-1099...........               8.5
    Dairy........................  1100+..............              12.5
    Dairy, Cow...................  Under 1100.........              27.0
    Dairy, Cow...................  1100-1299..........              31.0
    Dairy, Cow...................  1300-1499..........              33.0
    Dairy, Cow...................  1500+..............              34.5
    Dairy, Bull..................  1000+..............              14.5
Type--Swine:
    Swine........................  Under 45...........               0.5
    Swine........................  45-124.............               1.1
    Swine........................  125+...............               1.9
    Swine, Sow...................  235+...............               6.5
    Swine, Boar..................  235+...............               3.7
Type--Sheep:
    Sheep........................  Under 44...........               0.4
    Sheep........................  44-82..............               0.9
    Sheep........................  83+................               1.1
    Sheep, Ewe...................  150+...............               3.1
    Sheep, Ram...................  150+...............               1.7
Type--Goats:
    Goats........................  Under 44...........               0.5
    Goats........................  44-82..............               1.1
    Goats........................  83+................               1.5
    Goats, Doe...................  125+...............               3.5
    Goats, Doe (Dairy)...........  125+...............               5.2
    Goats, Buck..................  125+...............               2.1
Type--Equine:
    Equine.......................  Under 450..........               4.4
    Equine.......................  450-649............               6.3
    Equine.......................  650-874............               8.2
    Equine.......................  875+...............              11.6
Type--Reindeer:
    All..........................  Under 400..........               3.5
Type--Elk
    Elk..........................  Under 400..........               3.5
    Elk, Cow.....................  400-799............               6.5
    Elk, Bull....................  800-1099...........               8.5
------------------------------------------------------------------------

Sec.  1439.904   Region.

    In order for a region to be eligible to generate benefits under 
this subpart, the region must:
    (a) Be located in a primary county or counties named in a 
Presidential declaration or Secretarial emergency designation;
    (b) Be tribal-governed land physically located within the primary 
disaster designated county; and
    (c) Have suffered a livestock feed emergency as defined in Sec.  
1439.903.


Sec.  1439.905  Responsibilities.

    (a) During the operation of this program, CCC shall:
    (1) Provide weather data, crop yields and carrying capacities to 
tribes requesting such information;
    (2) Review contracts submitted by tribal governments requesting 
disaster regions; and
    (3) Act as an agent for disbursing payments to eligible livestock 
owners in approved disaster regions.
    (b) Tribal governments shall be responsible for:
    (1) Submitting a contract to participate in the AILFP based on the 
tribes' voluntary decisions that participation will benefit all 
livestock owners using tribal governed land;
    (2) Gathering, organizing, and reporting accurate information 
regarding disaster conditions and region;
    (3) Advising livestock owners in an approved region that they may 
be eligible for payments, in addition to the method and requirements 
for filing applications;
    (4) Determining that the information provided by individual 
livestock owners on payment applications is accurate and complete and 
that the owner is eligible for payments under this program;
    (5) Submitting only accurate and complete payment applications to 
the designated FSA office acting as an agent for disbursing payments to 
eligible livestock owners.
    (c) The owner or authorized representative shall:
    (1) Furnish all the information specified on the payment 
application, as requested by CCC;
    (2) Provide any other information that the tribal government deems 
necessary to determine the owner's eligibility; and

[[Page 29925]]

    (3) Certify that purchased feed was or will be fed to the owner's 
eligible livestock.


Sec.  1439.906  Program availability.

    (a) When a tribal government determines that a livestock feed 
emergency existed in calendar year 2003 or 2004 on tribal governed land 
due to a natural disaster, the tribal government may contact the 
applicable State FSA office to determine if their tribal governed land 
is located in a primary county or counties named in a Presidential 
declaration or Secretarial emergency designation made after January 1, 
2003, with respect to losses in 2003 or 2004. After a Presidential or 
Secretarial emergency designation has been confirmed, the tribal 
government may submit a properly completed contract requesting approval 
of a region. All contracts requesting region approval must be submitted 
by the later of July 25, 2005, or 60 days after the end of the disaster 
period, whichever is later, as specified on the contract.
    (b) Properly completed contracts shall consist of:
    (1) A completed Contract to Participate form; and
    (2) A completed Region Designation and Feed Loss Assessment form; 
and
    (3) Supportive documentation as determined by CCC including, but 
not limited to:
    (i) A map of the region delineated in accordance with Sec.  
1439.904;
    (ii) Historical production data and estimated or actual production 
data for the disaster year; and
    (iii) Climatological data provided by the State FSA office.
    (c) The Deputy Administrator shall make a determination as to 
whether a livestock feed emergency existed not later than 30 days after 
receipt of a properly completed contract made in accordance with this 
subpart and shall notify the tribal government and FSA State office of 
such determination as applicable. Approvals will be made on the basis 
of a Presidential or Secretarial emergency designation for the primary 
county or counties named in the contract, and whether the requisite 35 
percent loss on tribal governed land in that county or counties can be 
substantiated by supporting documentation, and other conditions as 
required by this subpart, other regulations, the Deputy Administrator, 
or CCC.
    (d) The feeding period provided in the approved contract will be 
for a term not to exceed 90 days, except as provided in paragraph (e) 
of this section. The feeding period shall not be extended if the 
livestock feed emergency ceased to exist.
    (e) The tribal government may request multiple feeding periods for 
up to three additional 90-day periods in a livestock feed crop year if 
disaster conditions did not diminish significantly and a livestock feed 
emergency continued and other conditions for payment are met.
    (f) Tribal governments shall submit separate contracts for 
disasters occurring in both 2003 and 2004 calendar years; however, 
livestock owners shall elect only one of those years to receive 
benefits.


Sec.  1439.907  Eligibility.

    (a) An eligible owner must own or jointly own the eligible 
livestock for which payments under this subpart are requested. 
Notwithstanding any other provision of this subpart, livestock leased 
under a contractual agreement that has been in effect at least 6 months 
prior to the beginning of the feeding period made under this subpart 
shall be considered as being owned by the lessee for that part of the 
feeding period in which the lease was in effect but only if the lease:
    (1) Required the lessee for the full lease period to furnish the 
feed for such livestock; and
    (2) Provided for a substantial interest, as determined by the 
Deputy Administrator, in such livestock in the lessee, such as the 
right to market a substantial share of the increase in weight of 
livestock.
    (b) A State or non-tribal local government or subdivision thereof, 
or any individual or entity determined to be ineligible in accordance 
with Sec.  1400.501 of this chapter are not eligible for benefits under 
this subpart.
    (c) Any eligible owner of livestock, including the tribe, may file 
a CCC-approved AILFP payment application. When such a payment 
application is filed, the owner and an authorized tribal government 
representative shall execute the certification contained on such 
payment application no later than the deadline established by CCC upon 
approval of the region.
    (d) To be eligible for benefits under this subpart, livestock 
owners must own or lease tribal-governed land in the approved 
delineated region, and have had livestock on such land at the time of 
disaster that is the basis for the region's designation.
    (e) Eligible livestock owners shall be responsible for providing 
information to the tribal government that accurately reflects livestock 
feed purchases for eligible livestock during the feeding period. False 
or inaccurate information may affect the owner's eligibility.


Sec.  1439.908  Payment application.

    (a) Except as provided in paragraph (d) of this section, payment 
applications from interested eligible owners must be:
    (1) Submitted to the FSA county office where the tribal-governed 
land is administered, or to the tribal government, by the owner no 
later than a date announced by the tribe, such date being no later than 
the applicable date established in Sec.  1439.907(c);
    (2) Submitted by the tribal government to the office designated by 
CCC no later than a date announced by CCC;
    (3) Accompanied by valid receipts substantiating purchase of 
eligible feed for assistance. Valid receipts must also be accompanied 
by the certification referenced in the AILFP Payment Application, (Form 
CCC-644 or any replacement form) and shall contain:
    (i) The date of feed purchase, which must fall within the eligible 
feeding period as approved on the contract;
    (ii) The names and addresses of the buyer and the vendor;
    (iii) The type of feed purchased;
    (iv) The quantity of the feed purchased;
    (v) The cost of the feed; and
    (vi) The vendor's signature if the vendor is not licensed to 
conduct this type of business transaction.
    (b) The tribal government shall review each payment application, as 
specified by CCC, for completeness and accuracy. Except as provided in 
paragraphs (c) and (d) of this section, the tribal government shall 
approve those eligible owners and applications meeting the requirements 
of this subpart.
    (c) No approving tribal government member shall review and approve 
a payment application for any operation for which such member has a 
direct or indirect interest. Such payment application may be reviewed 
for approval by a member of the tribal government who is not related to 
the applicant by blood or marriage.
    (d) Tribal governments do not have the authority to approve a 
payment application for any operation for which the tribe has a direct 
or indirect interest. Payment applications for tribal-owned livestock 
shall contain an original signature of a member of the tribal 
government, signing as representing all owners of the tribal-owned 
livestock, who possesses the authority to sign documents on behalf of 
the tribe and shall be submitted to an office designated by the 
Secretary for approval.
    (e) No payment application shall be approved unless the owner meets 
all eligibility requirements. Information submitted by the owner and 
any other

[[Page 29926]]

information, including knowledge of the tribal government concerning 
the owner's normal operations, shall be taken into consideration in 
making recommendations and approvals. If either the payment application 
is incomplete or information furnished by the owner is incomplete or 
ambiguous and sufficient information is not otherwise available with 
respect to the owner's farming operation in order to make a 
determination as to the owner's eligibility, the owner's payment 
application, as specified by CCC, shall be denied. The tribal 
government shall be responsible for notifying the owner of the reason 
for the denial and shall provide the owner an opportunity to submit 
additional information as requested.
    (f) All payment applications, as specified by CCC, approved by the 
tribal government will be submitted to a designated FSA office for 
calculation of payment.


Sec.  1439.909  Payments.

    (a) Provided all other eligibility requirements of this subpart are 
met, all eligible payment applications submitted to the designated FSA 
office shall have payments issued to the applicant by CCC.
    (b) If any term, condition, or requirement of these regulations or 
contract are not met, payments and benefits previously provided by CCC 
that were not earned under the provisions of the application shall be 
refunded.
    (c) Each owner's share of the total payment shall be indicated on 
the application, and each owner shall receive benefits or final payment 
from CCC according to benefits or payments earned under the provisions 
of the application and this part.
    (d) Owners may file applications for more than one feeding period 
relating to losses occurring within the same year, either 2003 or 2004, 
but those years only, and in no case may a person receive payment for 
losses under this subpart for both 2003 and 2004. That is, eligible 
persons may receive benefits for one of those livestock feed crop 
years, but not both. CCC shall provide assistance equal to the amount 
of benefits determined for the owner for the feeding periods that the 
owner is eligible to receive benefits.
    (e) The failure of any contact person to file the necessary 
receipts or sales documents showing that the terms and conditions of 
this part and the contract have been met shall render all of the 
persons ineligible for any payments and benefits under the contract 
including any payments previously made. Payments shall be refunded to 
CCC with interest, if applicable, as determined under Sec.  1439.8.
    (f) If the livestock owner is eligible for the AILFP and the 
Livestock Assistance Program (LAP), the livestock owner must elect to 
receive payment for the same year for all farms for both programs, 
either 2003 or 2004.
    (g) Persons that received payments from Section 32 of the Act of 
August 24, 1935, with respect to 2004 hurricane losses are not eligible 
for payments under this subpart.
    (h) Subject to such other limitations as may apply including those 
in Sec.  1439.909(i), the amount of assistance provided to any owner 
shall not exceed the smaller of either:
    (1) The dollar amount of eligible livestock feed purchased during 
the relevant eligible feeding period for the days for which such 
assistance is allowed (as documented by acceptable purchase receipts), 
less the dollar amount of any sale of livestock feed (whether purchased 
or produced) by the owner during the eligible feeding period; or
    (2) Subject to adjustments, conditions, and deductions as otherwise 
may be provided for in this part, including, but not limited to those 
in paragraph (i) of this section, 30 percent of the amount computed by 
multiplying:
    (i) The amount of the estimated daily feed need, expressed as 
pounds of corn, for the relevant type and weight range of the livestock 
using the table contained in the ``type and weight range'' definition 
contained in Sec.  1439.3, or some alternative table chosen by the 
Deputy Administrator, by
    (ii) The number of days the eligible owners of the livestock 
provided feed to the eligible livestock during the eligible days of the 
eligible feeding period;
    (iii) A corn price, per pound of corn, which price shall be 
$0.0369642 for 2003 losses, and $0.0344642 for 2004 losses unless some 
alternative pricing shall be chosen by the Deputy Administrator 
(provided further, however, that after the completion of this 
multiplication, the claim amount shall be reduced by the dollar amount 
of any sale of livestock feed whether purchased or produced by the 
owner during the feeding period.
    (3) For purposes of the calculation required by paragraph (h)(2) of 
this section, the number of livestock during the livestock feed crop 
year on which the claim is calculated, the Deputy Administrator can 
include, if all other conditions are met, livestock sold as a result of 
the natural disaster but only subject to such conditions as may be 
approved by the Deputy Administrator.


Sec.  1439.910  Program suspension and termination.

    (a) The tribal government that requested the AILFP assistance may, 
at any time during the operation of a program, recommend suspension or 
termination of the program.
    (b) The Deputy Administrator may suspend or terminate the program 
at any time if:
    (1) The tribal government requests termination or suspension; or
    (2) The Deputy Administrator determines a tribal government is not 
following program provisions when administering the program.


Sec.  1439.911  Appeals.

    Any person who is dissatisfied with a CCC determination made with 
respect to this subpart may make a request for reconsideration or 
appeal of such determination in accordance with part 780 of this 
chapter. Any person who is dissatisfied with a determination made by 
the tribal authority should seek reconsideration of such determination 
with the tribe. Decisions and determinations made under this subpart 
not rendered by CCC or FSA are not appealable to the National Appeals 
Division.


Sec.  1439.912  Estates, trusts, and minors.

    (a) Program documents executed by persons legally authorized to 
represent estates or trusts will be accepted only if such person 
furnishes evidence of the authority to execute such documents.
    (b) A minor who is an owner shall be eligible for assistance under 
this subpart only if such person meets one of the following 
requirements:
    (1) The right of majority has been conferred on the minor by court 
proceedings or by statute;
    (2) A guardian has been appointed to manage the minor's property 
and the applicable program documents are executed by the guardian; or
    (3) A bond is furnished under which the surety guarantees any loss 
incurred for which the minor would be liable had the minor been an 
adult.


Sec.  1439.913  Death, incompetence, and disappearance.

    In the case of death, incompetence, or disappearance of any person 
who is eligible to receive assistance in accordance with this part, 
such person or persons specified in part 707 of this title may receive 
such assistance.


Sec.  1439.914  Violations.

    (a) If the owner has failed to utilize the entire quantity of 
livestock feed purchased under the terms and conditions of the 
application for assistance and contract of these

[[Page 29927]]

programs, the owner shall not dispose of any remaining quantity of such 
livestock feed except as specified by CCC.
    (b) Fraudulent representations by any warehouseman, handler, 
dealer, or any other person may result in the person being suspended 
from participation in a program in accordance with part 1407 of this 
chapter if such person has:
    (1) Made a false certification, representation or report in 
accordance with this subpart; or
    (2) Otherwise failed to comply with any provisions of this part or 
any contracts entered into in accordance with this part. The making of 
such fraudulent representations shall make such person liable in 
accordance with applicable State and Federal criminal and civil 
statutes.

    Signed in Washington, DC, on May 19, 2005.
James R. Little,
Executive Vice President, Commodity Credit Corporation.
[FR Doc. 05-10467 Filed 5-24-05; 8:45 am]
BILLING CODE 3410-05-P